I BASIC PROVISIONS

Complementarity Principle

Article 10

If the Republic of Serbia finds the jurisdiction of the International Criminal Court to be based contrary to paragraph 2 of this Article, it has the right to object to incompetence or inadmissibility to institute and conduct criminal proceedings, in accordance with Article 19 of the Statute. Prior to objecting the Ministry shall obtain an opinion from the Supreme Court of Cassation.

II CRIMINAL CHARGE AND THE RECEIVING OF PROSECUTOR'S NOTIFICATION ON CRIMINAL OFFENCE

Procedure Upon Receipt of Notification on Criminal Offence

Article 13

Should the Prosecutor be approved by the Pre-Trial Chamber of the International Criminal Court to conduct an investigation, contrary to the request referred to in paragraph 3 of this Article, the Republic of Serbia shall appeal against it, in accordance with the Statute and the Rules of Procedure and Evidence.

If the appeal mentioned in paragraph 4 of this Article is rejected, the criminal proceeding instigated in the Republic of Serbia shall be terminated.

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.